Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in upholding due process and ensuring fair hearings for individuals facing deportation. However, since January 20, 2025, the Department of Justice (DOJ) has implemented significant changes that challenge the structural integrity of these courts. This page aims to provide up-to-date information on the policy and legal shifts affecting the U.S. immigration court system.
Latest Updates
Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
CA9 Orders En Banc Rehearing of Martinez-Cedillo v. Barr
The court ordered that Martinez-Cedillo v. Barr, in which a three-judge panel found that the BIA’s interpretation of a crime of child abuse, neglect, or abandonment was entitled to Chevron deference, be reheard en banc. (Martinez-Cedillo v. Barr, 3/18/19)
TRAC Finds Newly Arriving Families Not Main Reason for Immigration Court’s Growing Backlog
TRAC released a report on newly arriving family cases from the southwest border, and how their numbers compare with the flow of incoming new cases and the court's growing backlog, finding that recent family arrivals represent just four percent of the current court’s 855,807 case backlog.
BIA Finds Attorney Provided Ineffective Assistance by Sending Medical Examination to USCIS
Unpublished BIA decision finds ineffective assistance clear and obvious where the attorney mistakenly sent the respondent’s medical examination to USCIS rather than the immigration court. Special thanks to IRAC. (Matter of Corena-Vela, 3/18/19)
Friday FAM on Departure Bonds
This edition of the Friday FAM covers departure bonds.
CA1 Upholds Denial of Asylum to Kenyan Petitioner Who Alleged Changed Country Conditions
The court held that the BIA did not abuse its discretion in finding that country conditions in Kenya—climbing land prices, anti-LGBT discrimination, and al-Shabaab violence—were continuing, not changed, since the petitioner’s removal proceedings in 2013. (Wanjiku v. Barr, 3/15/19)
CA6 Upholds Asylum Denial to Salvadoran Who Claimed Persecution Based on Nuclear Family Unit Membership
The court denied the petition for review, finding that petitioner’s evidence did not show that the 18th Street gang’s actions were motivated by a particular animus toward petitioner’s family itself, as opposed to an ordinary criminal desire for financial gain. (Cruz-Guzman v. Barr, 3/15/19)
ICE HSI Provides “By the Numbers” 2018 Fact Sheets
ICE Homeland Security Investigations (HSI) provides a 2018 fact sheets with FY2018 numbers and summaries of its work.
AILA Insight: Welcoming the Stranger at Our Border: My Experience Observing and Volunteering in Tijuana, Mexico
AILA member Julia Marquez shares her experience volunteering with Al Otro Lado at the U.S.-Mexico border in Tijuana, Mexico.
BIA Reopens Proceedings Sua Sponte for Haitian TPS Holder to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for respondent to apply for adjustment of status based on an approved visa petition in light of grant of TPS, entry under grant of advance parole, and country conditions in Haiti. Special thanks to IRAC. (Matter of Dorilus, 3/14/19)
CA1 Rejects Ineffective Assistance of Counsel Claim Where Petitioner Filed Motion to Reopen Seven Years After BIA Denied His Appeal
The court upheld the BIA's decision denying the petitioner's motion to reopen and declining to equitably toll the 90-day filing deadline, finding that even if the petitioner had received ineffective assistance of counsel, he failed to exercise due diligence. (Tay-Chan v. Barr, 3/13/19)
CA6 Upholds Denial of Continuance Where Petitioner Had Six Weeks' Notice of Need to Obtain New Counsel
Where the petitioner was notified six weeks prior to his final removal hearing that he needed to pay his attorney or find new counsel, the court upheld the denial of his request for a continuance on the day of his removal hearing to find a new attorney. (Mendoza-Garcia v. Barr, 3/13/19)
AILA Quicktake #261: Democrats Introduce the Dream and Promise Act
AILA’s Associate Director of Government Relation Kate Voigt discusses H.R. 6, the Dream and Promise Act, which would allow certain undocumented immigrants who came to the United States as children, commonly known as Dreamers, and immigrants with TPS to apply for permanent legal status.
AILA and Other Organizations Submit Amicus Brief on Family as a Particular Social Group
AILA, along with several other organizations and law clinics, submitted an amicus brief to the Attorney General in Matter of L-E-A, arguing that family ties alone can form a particular social group.
AILA Members’ Letter to the Editor Template on Legislation That Would Improve the Independence of Immigration Courts
AILA members can personalize this letter to the editor template to educate their communities and support new legislation in the Senate to improve due process and the independence of our immigration courts. Email newsroom@aila.org with any questions or to share your success.
DHS OIG Issues Report on Barriers ICE Faces on Timely Repatriation of Detained Individuals
DHS OIG issued a report after a review of 3,053 individuals not removed within 90 days of receiving a final order of removal, finding that the most significant factors delaying or preventing repatriation are external and beyond ICE control.
ICE Union Sends Letter to President Trump about Southern Border
The ICE union sent a letter to President Trump on behalf of ICE officers serving on the southern border in the state of Texas, stating “your Administration is squandering scarce ICE resources and playing political games with our officers, their mission, and the safety of the American public.”
BIA Remands to Consider Citizenship Claim Despite Prior Concession of Alienage
Unpublished BIA decision remands for further consideration of acquired citizenship claim in light of evidence submitted on appeal and despite concession of alienage before IJ. Special thanks to IRAC. (Matter of Hinojosa-Trejo, 3/11/19)
BIA Orders Further Consideration of MTR Denied Under Matter of Bermudez-Cota
Unpublished BIA decision remands for further consideration of MTR where IJ issued form order citing Matter of Bermudez-Cota, 27 I&N 441 (BIA 2018), but provided no explanation for what proposition the case was being used. Special thanks to IRAC. (Matter of Gomes, 3/8/19)
BIA Holds Possession of More Than 50 Pounds of Marijuana Not an Aggravated Felony
Unpublished BIA decision holds possession of more than 50 pounds of marijuana under Texas Health & Safety Code 481.121 is not an aggravated felony because it doesn't require distribution and is punishable as a misdemeanor under federal law. Special thanks to IRAC. (Matter of Joseph, 3/7/19)
CA9 Says BIA May Consider Sentencing Enhancements When a Petitioner Has Been Convicted of a Per Se Particularly Serious Crime
The court denied the petition for review, holding that the BIA appropriately considered sentencing enhancements when it determined that the petitioner was convicted of a per se particularly serious crime and was therefore ineligible for withholding of removal. (Mairena v. Barr, 3/7/19)
CA3 Finds Constructive Physical Presence Doctrine Cannot Transmit Citizenship
Affirming the district court, the court held that even if the petitioner's father was a U.S. citizen, he did not transmit citizenship under a constructive physical presence theory to his Czechoslovakian-born son pursuant to the Immigration and Nationality Act of 1952. (Madar v. USCIS, 3/7/19)
CA9 Holds Asylum Seekers Have Constitutional Right to Federal Court Review of Expedited Removal Orders
The court reversed the district court’s dismissal of the petition for lack of subject matter jurisdiction, holding that 8 U.S.C. § 1252(e)(2) violates the Suspension Clause as applied to Thuraissigiam, and remanded. (Thuraissigiam v. DHS, 3/7/19)
S.___: Fair Day in Court for Kids Act of 2019
On 3/6/19, Sen. Mazie Hirono (D-HI), along with Sen. Catherine Cortez Masto (D-NV) and Sen. Jeff Merkley (D-OR), announced the Fair Day in Courts for Kids Act of 2019, which would provide legal representation for unaccompanied immigrant children during removal proceedings. AILA endorses this bill.
S.___: Immigration Court Improvement Act of 2019
On 3/6/19, Senator Mazie Hirono (D-HI), along with Senator Catherine Cortez Masto (D-NV) and Senator Jeff Merkley (D-OR), announced the Immigration Court Improvement Act of 2019, would help insulate immigration judges from political interference or manipulation. AILA endorses this bill.
CA5 Finds Petitioner Met Obligation of INA §240(1)(F) by Informing ICE of Address Change
The court vacated the BIA's order denying petitioner's motion to reopen and remanded, holding that petitioner satisfied her obligation to provide her new address to the Attorney General as required by INA §240(1)(F) by notifying ICE of her change of address. (Fuentes-Pena v. Barr, 3/6/19)